full and final release

Full and final release upheld by the HRTO

February 10, 2020 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, 0

For employers, one of the primary purposes of a full and final release is to prevent the former employee from pursuing legal action against the employer.

Dismissal, employment law, full and final release, termination, termination package

Three popular articles this week on HRinfodesk

March 23, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: An employee who was dismissed for not submitting a doctor’s note in a timely fashion; a firefighter who was reinstated after being dismissed for sexually harassing a co–worker; and human rights claims, made by a former employee, that were barred by terms of a final release received on termination.

abuse of process, dismissal without notice, dismissed for just cause, doctor's note, employment law, final release, full and final release, human rights code, sexual harassment, sick leave policy, workplace harassment, wrongful dismissal

Harsh or “draconian” terms in employment contract not enough for unenforceability

December 11, 2015 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation

In Kielb v. National Money Mart Company, a dismissed employee sought to have the termination and limitation clauses in his employment agreement found unenforceable. His goal was to recover his bonus for the year during which he was terminated, as well as his contractual pay in lieu of notice, which he waived, in accordance with his employment contract, when he refused to provide Money Mart with a full and final release after his termination.

employment contract, employment law, full and final release, pay in lieu of notice, recover his bonus for the year, resignation, termination and limitation clauses, termination provision

The value of a paper shield: why releases for dismissed employees are worth the effort

June 10, 2015 Vey Willetts LLP Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

When dismissing an employee, many employers will request that the departing individual sign a full and final release. Such releases can serve a number of useful functions. That said, they are primarily designed to limit the employer’s exposure to future liability arising from the employment relationship.

employment law, employment relationship, exposure to future liability, full and final release, releases for dismissed employees, right to commence legal proceedings, severance package, termination, terminations

If it looks like theft and quacks like theft…the employer may still pay!

September 9, 2014 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll

While employee theft is frequently grounds for termination, shades of grey do appear in the case law. In a recent case, the Ontario Superior Court enforced a settlement agreement in a wrongful dismissal action even though an employee had not told her employer of a loan she had taken from a social committee without permission.

criminal wrongdoing, Dennis v Ontario Lottery and Gaming Corporation, employer loan, full and final release, grounds for termination, online scam, settlement agreement, termination, termination with cause, terminations, Workplace theft, wrongdoing, wrongful dismissal

Is an employee’s resfusal to accept a settlement offer a failure to mitigate?

November 12, 2012 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources

In AMEC Americas Limited v. MacWilliams, 2012 NBCA 46, the New Brunswick Court of Appeal held that an employer’s defence that an employee failed to mitigate his damages by refusing to accept its settlement offers had no merit. As leave to appeal the decision was recently refused by the Supreme Court of Canada, the current answer to our question (at least in New Brunswick) is “no”.

common law notice, damages, denial of liability, disputes and litigation, employee's legal entitlement, failure to mitigate, full and final release, New Brunswick, obilgation to pay damages, reasonable notice, settlement offer, Supreme Court of Canada, wrongful dismissal